Ebarles 'elated' over transfer of Ivler to Quezon City jail

MANILA, Philippines - The family of Palace Undersecretary Renato Ebarle Sr. is “ elated” by the transfer on Tuesday to the Quezon City Jail of Jason Ivler, who is accused of killing his son and namesake last year. Ebarle’s lawyer, Romeo Alcantara, blamed the defense for what he said was the delay in the transfer of the suspect, who was confined at the Quirino Memorial Medical Center for more than two months.

“The Ebarle family and we, the panel of lawyers are elated of that development (Ivler’s transfer to city jail), which is long overdue. The delay in his transfer to a regular jail was foisted by the irregular maneuvers of the defense counsel,” Alcantara said in a text message.

Ivler, who is facing murder charges for allegedly killing Renato Victor Ebarle Jr. during a traffic altercation on Nov. 18 last year, was injured and arrested following a firefight with National Bureau of Investigation agents on Jan. 18.

On Tuesday afternoon, Ivler was finally discharged from the Quirino Memorial Medical Center and transferred to the Quezon City Jail on the basis of a court order, amid continuous protest from his family and lawyers.

In an interview with The STAR yesterday, Ivler’s counsel, lawyer Alexis Medina, said they have prepared their motion for reconsideration “asserting that there was no factual and legal basis for the transfer.” “The doctors didn’t recommend the transfer to the city jail. What was recommended was the discharge (from the hospital) for home care. There is no showing that the city jail has the facility to care for a person with colostomy,” Medina said.

But a check with staff at the Quezon City Regional Trial Court Branch 76 yesterday morning showed that the said motion for reconsideration, which was purportedly mailed, has yet to be formally received by the court. Meanwhile, the prosecution has reiterated its call for the inhibition of the judge hearing the murder charges against Ivler.

During a court hearing yesterday, the defense was told to submit within 15 days upon receipt of the order, its comment or opposition to the motion that was re-filed by the prosecutors.

In the motion re-filed on March 31 before the QCRTC Branch 76, prosecution lawyers stated: “With much respect, undersigned are of the belief that this Honorable Court through Judge Alexander Balut committed several procedural lapses in the proceedings of the instant case, which have tainted the requisite impartiality of a court of justice.” The prosecution also asked that “all proceedings pending be deferred and await the re-raffle of the instant case to another sala.”

Prosecutors earlier filed the same motion but it was treated as just “a scrap of paper” because of their failure to notify the defense about the motion in time for the hearing.

In related developments, Ebarle’s family expressed relief over the transfer of Ivler to the Quezon City jail. The victim’s father, Palace Undersecretary Renato Ebarle, also hit efforts of Ivler’s mother — Marlene Aguilar — to sow confusion and “mislead the people” on the murder case.

Ebarle said his family went to his son’s tomb “to tell Victor of the latest development about Ivler that he was transferred already in the Quezon City jail.”

“Although the commitment order is long overdue, nevertheless we are happy for his (Ivler) transfer,” Ebarle said.      – With Paolo Romero